NECESSITY, FUNCTION AND CONFORMITY: KRS
351.070(13) authorizes the Secretary of the Environmental and Public Protection
Cabinet to promulgate administrative regulations necessary and suitable for the
proper administration of KRS Chapter 351. KRS 351.186 authorizes the Office of
Mine Safety and Licensing to certify drug-free workplace programs implemented
by an employer who is also a licensee, for the employer licensee to be eligible
to obtain a credit on the licensee's premium for workers’ compensation
insurance. This administrative regulation establishes the requirements for
applications submitted to the Office of Mine Safety and Licensing for
certification of a drug-free workplace program.

Section 1. Applicability. (1) This administrative
regulation shall apply to an application for certification of a drug-free
workplace program implemented by an employer who is also a licensee.

(2) Employer participation in the
Drug-Free Workplace Program shall be voluntary.

(3) All drug or alcohol testing shall
be conducted:

(a) In accordance with applicable
federal and state requirements; and

(b) As required by this administrative
regulation for participants in the Drug-Free Workplace Program.

Section 2. Application Requirements. Employers
who desire a drug-free workplace certification pursuant to KRS 351.186 shall
submit to the office a notarized initial and annual application in the form of an
affidavit executed by the owner or chief executive officer of the licensee
establishing that it provides a drug-free workplace by:

(1) Providing a copy of a statement to
each employee at the mine and posting the statement in a prominent place at the
mine. The statement shall:

(a) Notify employees that the unlawful
manufacture, distribution, dispensation, possession, or use of alcohol or a controlled
or illicit substance is prohibited in the mine; and

(b) Specify the actions that will be
taken against employees for violations of the prohibition;

(2) Establishing an alcohol and substance
abuse education and awareness training program which complies with the minimum
requirements of 805 KAR 11:020, Section 2(1), to inform employees and
supervisory personnel about:

(a) The dangers of drug abuse in the
workplace;

(b) The role of co-workers and
supervisors in addressing alcohol or drug abuse;

(c) The licensee’s policy of
maintaining a drug-free workplace;

(d) Available drug counseling,
rehabilitation, and employee assistance programs; and

(e) The penalties for violations of the
drug-free workplace policy;

(3) Establishing a program that
includes alcohol and drug testing performed as established in 805 KAR 11:020,
Section 2(2) through (6);

(4) A description of the alcohol and substance
abuse education and awareness training program for employees and supervisory
personnel; and

(5) A statement describing the
confidentiality of the licensee’s drug-free workplace program.

Section 4. Application Completeness.
(1) The office shall reject an application for certification of a drug-free
workplace program which fails to comply with any of the criteria listed in
Section 2 or 3 of this administrative regulation.

(2)(a) The office shall notify the
licensee of rejection of the application in writing, stating the specific reasons
for the rejection.

(b) The notification shall be mailed
certified mail, return receipt requested, to the address listed on the
licensee’s most recent mine license or mine license application.

(c) Service by certified mail shall be
complete:

1. Upon delivery of the notification;

2. Upon acceptance by any person
eighteen (18) years or older at the licensee address;

3. Upon refusal to accept by a person
at the licensee address;

4. Upon the U.S. Postal Service’s
inability to deliver the notification if properly addressed; or

5. Upon failure of the applicant to
claim the notification prior to its return to the office by the U.S. Postal
Service.

(d) The return receipt or envelope
shall be proof of acceptance, refusal, inability to deliver, or failure to
claim the envelope.

(3) The licensee may appeal the
rejection as established in 825 KAR 1:020, Section 4.